2019 (10) TMI 1099 - AT - Central Excise

CENVAT Credit - input services - Repair and maintenance service - erection commissioning and installation of windmill located outside of the factory premises - courier service - vehicle insurance of company owned vehicle - HELD THAT - As per the use explained by the Ld. Counsel all the three services were used in relation to either manufacture of the final product or for business activity, therefore, all the three services are inputs services - The period involved is prior to amendment of definition dated 01.04.2011 of inputs service i.e. January, 2009 to February, 2009 - Credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues involved: Entitlement to cenvat credit for repair and maintenance, erection commissioning and installation of windmill, courier service, and vehicle insurance of company-owned vehicle.

Analysis:
1. Repair and maintenance, erection commissioning, and installation of windmill: The appellant, engaged in manufacturing electrical transformers, claimed cenvat credit for these services. The appellant argued that the electricity generated by the windmill was used in the manufacture of the final product, thereby making it an input service. Citing relevant judgments, the appellant contended that the windmill service was integral to their manufacturing process. The Tribunal agreed with the appellant's argument, noting that the windmill service was directly related to the manufacturing activity and allowed the credit for the period before the amendment of the definition of input services.

2. Courier service: The appellant also sought cenvat credit for courier services used for sending and receiving official documents related to their business activities. The appellant argued that the courier service was essential for their business operations. The Tribunal, after considering the submissions, agreed with the appellant that the courier service was used for business activities and allowed the credit for the period in question.

3. Vehicle insurance: The appellant claimed cenvat credit for the insurance of company-owned vehicles used for factory-related activities. The appellant argued that the vehicle insurance was necessary for the smooth functioning of their factory operations. The Tribunal, upon hearing both parties, found merit in the appellant's argument that the vehicle insurance was directly linked to factory activities and allowed the credit for the period before the specified amendment.

4. Overall Decision: After hearing both sides and examining the records, the Tribunal concluded that all three services - repair and maintenance of windmill, courier service, and vehicle insurance - were eligible for cenvat credit. The Tribunal relied on the explanations provided by the appellant and the judgments cited in support of their claims. Consequently, the impugned order was set aside, and the appeal was allowed in favor of the appellant.

This detailed analysis of the judgment highlights the key arguments, legal reasoning, and conclusions reached by the Tribunal regarding the entitlement to cenvat credit for the specified services.